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LEGISLATIVE APPROPRIATION BILL. 


'-£^05^ > 




SPEECH 



OF 



HON. W. E. NIBLACK, 

OF INDIANA, 

III tlie House of Representatives, July ^, 1870. 



On the report of tlie committee of confer- 1 Sir, I have seen some service on commit- 
ence on the bill ("H. R. No. 974) making tees of conference, and I appreciate fully 
appropriations for the legislative, executive, the importance of mutual concessions ia 
and judicial expenses of the Government adjusting differences between the Houses. 
for the year ending the 30th of June, 1871. I am uniformly willing to concede much 

when necessary in matters of expediency 



Mr. NIBLACK. Mr. Speaker, as I stated 
a moment ago, I was unable to agree with 
the committee of conference in regard to 
this report; but my disagre-finent is con- 
fined mainly to one item. There are other 
matters which do not meet the approval of 
my judgment, but they were such as were 



merely, or where only a few paltry doUtrs 
are involved. But sir, matters like tliis 
proviso, in my judgment, lie beyond the 
region of compromise. No man ought to 
consent to compromise away what he re- 
gards as an important principle underlying 



the plighted faith of the Government, and 

^, , ... . , . , ., affecting the honor of the men who are en- 

the bill IS very much improved as it comes , 

. ,, .,, „ ., , gaged in the administration of it. 

from the committee oi conference over whati 

it was when it came from the Senate, and I ^y the act of July 17, 1862, provision 
if it were not for the subject-matter to which ^as made for the confiscation of the prop- 
I have referred I would have had no hesi- erty of persons engaged in the rebellion and 
tation in signing the report, and recom- ^""^ ^1^® P^^ishment of treason against the 
mending it as a fair adjustment of the dif 



ferences between the two Houses. 

But, sir, thefe is a proviso to this bill, as 
it came from the Senate, attached to the 
appropriation for the Court fo Claims, which 
I regard as most extraordinary. I am op. 
posed at all times to settling such an im- 
portant principle of general legislation a^ 
this in an appropriation bill ; but I am 
especially opposed to this proviso on ac- 
Kjount of the matter embraced in it, and the 
objects sought to be accomplished by it. 
It ia, it seems to me, one of those extrava- 
gant outgrowths of the prejudices and furies 
engendered by the late war which we have 
too often seen in this Hall, and which ought 
liev«r to crystallize into a law. 



United States. The proceedings necessary 
for these purposes were defined and pre- 
scribed in that act. Its provisions were 
intended to be additional to and iji aid o 
the war power of the Government. Section 
thirteen of that act contains the following 
provision : 

"Sec. 13. And he it further enacted, Tiiat 
the President is hereby authorined at any 
time hereafter, by proclamation, to ext'^ud 
to persons who may have participated in 
the existing rebelliou in any State or part 
thereof, pardon and amnesty, with such 
exceptions and at such time iud on suuh 
conditions as he may deem expedient for 
the public welfare." 

The President may have possessed this 
power under the Constitution. Indeed, I 
[think he did so possess it. But whether ha 



H. Folkinhoru & Co., prs., D st. near 7th, Washington. 



.U55 



did or not, the section conferred on him 
plenary powers in matters of amnesty and 
pardon. It was, too, a recognition of the 
propriety of using these powers in aid of 
the war. 

On the 12th of March, 1863, provision 
was also made by Congress for the appoint- 
ment of Treasury agents to look after and 
to gather up and dispose of certain aban- 
doned and captured property in the States 
then declared to be in insurrection and re- 
bellion. It was not provided that this cap- 
tured and abandoned property should be 
confiscated. One great object seemed to be 
to prevent its loss or destruction, and when 
sold its pioceeds were to be paid into the 
Treasury, or rather held by the Govern- 
ment primarily for the use of the own»-r 
when properly claimed by him. It was only 
when no lawful owner appeared for this 
property that the proceeds were to be re- 
tained by the Government. Provision was 
made in this act that persons might go into 
the courts, and, on establishing their right 
to any of this property, should receive back 
the proceeds of what belonged to ihem, de- 
ducting the amount of expenses, &c., in 
cases where the property had been sold. 
That act contained a provision which I will 
ask the Clerk to read. 

The Clerk read as follows : 

" And any person claiming to have been 
the owner of any such abandoned or cap- 
tured property may, at any time within 
two yeais after the suppression of the re- 
bellion, prefer his claim to the proceeds 
thereof in the Court of Claims ; and on 
proof to the satisfaction of said court of his 
ownership of said property, of his right to 
the proceeds thereof, and that he has never 
given any aid or comfort to the piesent re- 
bellion, to receive the residue of such pro- 
ceeds after the deduction of any purchase 
money which may have been paid, together 
with the expense of transportation and sale 
of said property and any other lawful ex- 
penses attending the disposition thereof." 

Mr. NIBLACK. Now, Mr. Speaker, in 
pursuance of the act of July 17, 1862, to 
which I have referred heretofore, President 
Lincoln, then President of the United States, 
on the 6lh day of December, 1863, published 
his proclamation to those engaged in the 
rebellioD, specifying the terms and condi 



tions upon which they might come forward 
and jeceive amnesty and political absolu- 
tion. I ask the Clerk to read the first clause 
of that amnesty proclamation. 
The Clerk read as follows : 

"I, Abraham Lincoln, President of the 
United States, do proclaim, declare, and 
make known to all perilous who have directly 
or by implication participated in the exist- 
jiug rebellion, except as hereinafter except- 
ed, that a full pardon is hereby granted to 
them and each of them, with restoration of 
all rights of property, except as to slaves 
and in property cases where rights of third 
parties shall have intervened, and upon 
condition that every such person shall take 
and subscribe an oath and thenceforward 
keep and maintain said oath inviolate, and 
which oath shad be registered for perma- 
nent preservation, and shall be of the tenor 
and efiect following, to wit." 

Mr. KIBLACK. Then, Mr. Speaker, fol- 
lows the oath required by this proclama- 
tion, and certain exceptions and reserva- 
tions are to some classes of the more prom- 
inent or obnoxious persons as defined by 
the President. This proclamation, as will 
be observed, promises to these persons, 
upon conditions and with the exceptions 
above referred to, the full restoration of all 
their rights of property, except that in 
slaves, and where the rights of third per- 
sons had intervened. These rights of prop- 
erty, according to all fair, legal construc- 
tion, include the right to the proceeds of 
the property, when sold and wherever 
found ; and I think that it is especially the 
case when we come to construe that proc- 
clamation in connection with the act of 
March 12, 1863, in regard to this captured 
and abandoned property, a portion of which 
I have just had read. 

Under these provisions of the law and of 
the proclamation quite a number of per- 
sons, who had availed themselves of this 
amnesty, which was afterwards extended 
by the President during and up to the very 
close of the war, filed their petitions in the 
j Court of Claims, and have ever since been 
prosecuting their claims for the proceeds 
of their property. The Supreme Court of 
the United States, in the case of Paddle- 
ford against the Government, known as the 
iFaddleford case, has recently decided tha 



^on proof of amnesty granted in this proc- of Claims. I will ask now that this pro- 

>5 lamation, or proof of pardon by th- Piesi- viso shall be read, and I hope every mem- 

. dent having been given — that is the gen-iber of the House will give it strict atten- 



''eral language of the opinion, but the par- 

; ticular case I refer to being one under the 

' general amnesty proclamation of President 

Lincoln, the claimant having accepted of 



tion. 

The Clerk read as follows : 

Provided, That no pardon or amnesty 
granted by the President, whether general 



the conditions imposed by the President in!"'' special, by proclamation or otherwise, 
his proclamation-was thereafter to be cen-^*'" ^""^ acceptance of such pardon or am- 
^ nesty, nor oath taken, or other act per- 

sidered in the same light as if he had never formed in pursuance or as a condition 
participated in the rebellion at all, having thereof, shall be adraisisible in evidence on 
received entire absolution, and standing in the part of any claimant in the Court of 

the court as an innocent party, entitled to! J'f-""'. n "^^^^^'^ in support of any claim 
^ •" against the United States, or to establish 



the restoration of his property under the 
proclamation, or to a return of the jjro- 
ceeds of his property just as if he had 
never participated in the rebellion at all. 
In other words, that all disabilities as to 
his right to recover back his own property 
were removed by the proof of amnesty or 
pardon. 

They made this decision, not only under 
the statutes to which I have referred, but 
in the light of the precedents, both Ameri- 
can and English, on the subject of pardcju 
and amnesty. Now, sir, I am informed that 
there is not a large amount of money in 
Tolved in this proviso, as the class of claim- 



the standing of any claimant in said court 
or his right to bring or maintain suit there- 
in ; nor shall any such pardon, amnesty, 
acceptance, oath, or other act as aforesaid, 
heretofore offered or put in evidence on be- 
half of any claimant in said court, be used 
or considered by said court, or by the ap- 
pellate court on appeal from said court iu 
deciding upon the claim of said claimant, 
or any appeal therefrom, as any part of the 
proof to sustain the claim of the claimant or 
t;o entitle him to maintain his action in said 

'ourt of Claims or an appeal therefrom ; 
out the proof of loyalty required by the 
■welfth section of the act of March 3, 1863, 
tiutitled "An act to amend an act to estab- 
lish a court for the investigation of claims 
against the United States," approved Feb- 

uary 24, 1855, and by the third section of 



ants to come in who havs applied within the act entitled "An act to provide for the 



the two years for the re^toralion of the pro- 
ceeds of their property is not very large, 
and as other claimants have been barred 
for some time past as to all further claims. 
But the Senate believing that th's opened 
the door more widely than was intended by 



ioUeclion of abandoned property, and for 
the prevention of frauds in insurrectionary 
districts within the United States, approved 
March 12, 1863, and by the third section 
of the act entitled "An act to provide for 
appeals from ttie Court of Claims, and for 
other purposes," approved June 25, 1868, 
shall be made by proof of the matters ro- 



Congress, and not being willing to submit quired by said sections respectively, irre- 
to a construction of this law by the courts spe<^tive of the effect of any executive pro- 

claimation, pardon, amnesty, or other act 
of condonation or oblivion. And in all 



of the country, first by the Court of Claims, 
and afterward by the Supreme Court of the 
United States — in an effort to override this 
decision, in an effort to drive all this re- 
maining class of claimants nowproseoutins 
their claims in the Court of Claims out of 
the Court, and to summarily dispose of this 



cares where judgment shall have been 
heretofore rendered in the Court of Claims 
in favor of any claimant on any other proof 
of loyalty than such as is above required 
and provided, and which is hereby declared 
to have been and to be the true intent and 
meauiiiK of said respective acts, th Su- 



whole question by legislative action instead P''®™«' ^ourt shall, on appeal, rever.-e such 
^,. V, . ,. . , ^ ^. ,. , . , i^'^agment: Avri-provided /'nri/ier, That when- 

Of by judicial construction, which I have e.e^ any pTrdou shall have heretofore been 
always understood to be the rule by which granted by the President of the United 
the rights of parties in courts^ are to be ^ta^t^s to any person bringing suit in the 

adjudged and decided in this conntrv— i^^"'"' ''^ ^^^'°^^ *"^'' t'^"" proceeds of aban'd- 
„ , . , ,1 . . , ■ oned or captured property under the said 

adopted this proviso as an amendment to act, approved March 12, 1863, and the acts 
our appropriation bill iu regard to the Court amendatory of the same, and such pardon 



pliftU recite, in substance, that such person time when the war was most flagrant, for 
took part in th« late rebellion against theitijg purpose of building up another class in 
Government of the United States, or was'^^^^ ^^^^^ ^j^^ ^^^^^ ^^^.^^ ^^.^ .^ ^.^ ^^_ 
Builty of any act of rebellion agamst or 

disloyalty t.)"the United States, and s,uchl'0'-ts to uphold the causeot theGoverHinent 
pardon shall liave been accepted in writing! aud to strengthen the hands of such origi- 
by ihe person to wliom the s^me is.-ued, i,jal Union men as may have been in that 
without an express disclaimer of and pro- ^^^.^.^^ from the commencement of the war. 
testation against such fact ot guilt contaiu- 

e.i in such acceptance, su.h pardon and L^rg^ numbers availed themselves of the 
accf-ptanoe shall be taken and deemed in t- rms and pledg s it extended to them. It 
Bu li suit in the said Court of Claims, and'pi^,^gj,d ti^, faitb of tbe Governmeut in the 

on anoeal therefrom, conclusive evidencei , , - , i. • x, ■ „ 

, ^^ , J i\ , . • J • most solemn form to certain ttjings, among 

that such person did take part in and givei " ' " 

aid and comfort to the late rebellion, andjwbich Wf's a complete re^toration of all 
did net maintain true allegiance to or con-jiigtits of property except in slaves, and 



sistently adhere to tbe United States : and 
on proof of such paidon and acceptance 
wliicli proof may he h^-ard summarily on 
motion or otherwise, it shall be the duty 



where the rights of third p^^rsous had inter- 
ven-d. Every fair-minded man must con- 
cede that thi-se "rights of properly" in- 



ot the said Court of Claims forthwith to|cluded the right to recover the proceeds of 

dismiss the suit of such claimant. Luch property b^-longing to claimants as 

Mr. NIBLACK. As I have already shown, L^^ ^^^^ ^^^^^ sol^ by the Government, 



this proclamation of the President to which 
I have referred was issued in December, 
1863, in pursuance of the act of July 7, 
1802, granting him express authority to 
issue such a proclamation. 

Now, if the proviso which has just been 
read shall become law, and be literally con- 
strued by the courts, it will sweep away 
every vestige of right which any claimant 
who may have been compromised in any 
way* and under any circumstances during 
the war may have to recover his property, 
or r&ther to the proceeds of it in the Court 
of Claims. It looks to me like on attempt 
to do that which, if consummated, will 
amount to a most remarkable breach ol 
faith on the part of the Government of the 
United States. 

N(>w, I have not in my special keeping, 
more than others, the honor of this Govern- 
ment, nor is it my duty specially to defer d 
the war policy of President Lincoln. But 
I do feel it incumbent »n me, when a mat- 
ter of this sort is' presented tome as a mem- 
ber of this House, to give it every carelul 
consideration, to endeavor to construe it 
stiictly in reference to what is right and 
honorable, not only to every man.'s con- 
fii'iousness of right, bnl according to what 
is proper and right by the laws of nations 
and the laws of war. 

This proclamation of President Lincoln 
WAS issued in the interest of pea/'e at. the 



and all rights of action concerning it. A 
restoration of the right of propeity neces- 
sarily restores all rights incident to such 
property. All the incidents of owner- 
ship are, in the very nature of things, re- 
vived. 

But this proviso of the Senate drives 
everybody out oi the Court of Claims who 
may at any time and uuder auy circum- 
stances have bf-en subjected t(^ disabilities 
resulting from the war. Ii, as to certain 
propeity rights, annuls and sets at naught 
he i^oclamation of Mr. Lincoln, and indeed 
all presidential pardons. It is i^ an excep- 
tional and, in many respects, a defenseless 
class of claimants an estopel the most se- 
vere, the most unrelenting, and the most 
fxtraordinary of which I have any knowl- 
edge. It does not present an issue to be 
rit-d by the courts or a jury in the usual 
way, but one to be tried summarily on mo- 
tion and without regard to the real merits 
■)f the case. Ii allows no mitigation and 
permits no explanation. It is as inexorable 
s death itself. 
We all know that very many persons ap- 
lied for and accepted amnnsty or pardon 
.vho hfid committed no real offense against 
he Government. They were simply south- 
in people who had been surrounded and 
ubmerged by the armies of the South, and 
lad fallen witbiii the jurisdiction, as was 



claimed, of the Coufederate government, abandoned and captured property do not, 
Out of an abundance of caution merely, in any event, properly belong to the Gov- 
thi^y either avail-d themselves of the proc- ernment when such property belonged to 
lamatien of amnesty or sought and obtained private citizens. The claims of private 
special pardon. Yet all such persons as citizens could only have been divested by 
these will be crit off by this remarkable proceedings for the confiscation of the prop- 
proviso of the Penate. The very fact that erty where the treason of the owner is re- 
they have accepted amnesty or obtained a lied on. No such proceedings having been 
pardon is takan as conclusive evidence of^taken as to the property in question, it fol- 
their guilt. Ilows, of couise, that the property of the 

It may be argued that Mr. Lincoln was [owner has never been divested. The Gov- 
too lenient in the terms he prescribed in ernment, therefore, holds a large share of 
his proclamation of amnesty, liut that is, the proceeds of this captured and abandoned 
not now a question to be considered. Both property, not by any right of propeity, but 



the Constitution and a law of Congress con- 
ferred on him the power to issue it. All the 
Departments of the Government accepted 
it and have acted upon it. It binds us both 
in law and in hoLor as to all matters to 
which it relates. It is enough for us to 
know that honor and duty alike require 
us to keep its terms inviolate with those 
who accepted it in good faith. 

Now, sir, it is the duty of the courts to 
construe the laws and to define tbe rights 
of parties und->r tbem. Th- Supreme Court 
of the United States, the court of the last 
resort, ^as decided that under the laW pnr- 
sons who have received amnesty or pardon 
may, through the Court of Claims, recover 
back the proceeds of their propt^ny when it 
has been sold under the act of March 12, 
1863. The case may therefore be stated 
thus : under certain laws enacted by Cou- 
gress, which have been executed by the 
President and construed by the highes 
judicial tribunal in the Government, a class 
of claimants who have received amnesty or 



only by superior force. 

Now, sir, it is proposed by this proviso 
of the Senate to withdraw the plighted pub- 
lic faith to these amnestied and pardoned 
claimants, to drive them ruthlessly out of 
court, and to deny to them the money real- 
ized from their own property. Can we 
honorably do this ? To me it seems clearly 
not. I would as soon think of violating a 
flag of truce, or of compelling a soldier to 
violate Lis parol, or of solemnly disregard- 
ing the terms on which an army had sur- 
rendered. It is not altogether on accouut 
of the amount of mouey that will be thus 
withheld that I so feel, but because a great 
nation, as we claim to be, cannot afford to 
do such an unmanly act. 

If ttiis proviso shall become a law, it will 
be practical repudiation as to a class of our 
creditors. We might, in my judgment, 
just as well disregard any other obligation 
of the Government in which a similar 
amount of money is involved. This seems 
to me most strange indeed, as coming from 



pardon are now entitled to receive back the men who claim to be the peculiar 
from the Government the proceeds of their guardians of the public faith, and who are 
own property, which has, without their so much accustomed to denounce repudia- 
consent, been conveited into mouey. They tion in all its forms. Sir, I will not will- 
are entitled to this relief, then, by the con- ingly be a party to any su /h proceeding. 



current actiou of the three several depart- 
ments of this Government. 

If this, then, does not con>titut.e a case 
of plighted faith oo the part of the United 
States, I would really like to know what 
will make such a ca?e. It is i^ot the mouey 
of tbe Government these claimants are 
seeking to lecover, but simply a return of 
their own moji«_y. . The proceeds of this 



and hence I declined to sign the report sub- 
mitted by my colleagues on the conference 
committee, and shall feel constrained to 
vote ag-tinst concurring iu the report. 

To fail to meet our obligations for want 
of ability brings no dishonor ; but to go 
forward in the plenitude of our power, with 
resources so unbounded, and with the 
smiles ot Heaven upon us, and to declare 



by a solemn act of Congress that we with 
draw our plighted faith, seems to me most 
monstrous indeed. 

As other gentlemen may desire to be 
heard on this question I will not longer de- 
tain the House. 



The above conference report wa^ never- 
theless, concurred in by the following vote : 

YEAS. 

Messrs. Allison Messrs. McCarthy 

Ambler McGrew 

Ames McKenzie 

Armstrong Mercur 

Arnell Eliakim H. Moore 

Asper Jesse H. Moore 

Atwood William Moore 

Banks Daniel J. Morrell 

Barry Myers 

Benjamin Negley 

Benton O'Neill 

Boles Orth 
George M Brooks Packard 

Buffington Packer 

Burchard Paine 
Roderick R. Butler Palmer 

Cake Ptck 

Churchill Phelps 

Sidney Clarke Prosser 

Amasa Cobb Roots 

Coburn Sargent 

Conger Sawyer 

Covode Schenck 

CuUom Scofield 

Dawes Shanks 

Degener William J. Smith 

Dickey William Smyth 

Dixon Stevens 

Donley Stoughton 

Du^al Strickland 

Ferriss Strong 

F^rry Tanner 

Fiukelaburg Tillman 

GilfiUan Townsend 

Harris Twichell 

Hill Tyner 

Hoar Upson 

Hooper Van Horn 

Kelley Wallace 

Kellogg Ward 

Kelsey C. C. Washburn 

Ketcham W. B. Washburn 

Knapp Welker 

Lawrence Wilkinson 

Logan Willard and 

Maynard Williams— 92. 

HAYS. 

Messrs. Adams Me.-.srs. Marshall 

Beck Mayham 

l^iggs McCormick 

Bingham McNeely 

Bird Morgan 

James Brooks Niblack 

Calkin Potter 



Messrs. Rice 
Schumaker 
Slocum 
Stiles 
Trimble 
Van Auken 
Van Trump 
Wells 

Eugene M. Wilson 
Winchester 
Wood and 
Woodward — 41. 



Coiiiiflr 



ReevHB 



Messrs. Cox 

Crebs 

Dickinson ' 

Eldridge 

Fitch 

Getz 

Griswold 

Haight 

Joliu on 

Thooias L .Tones 

Kerr 

Knott 

Lewis 

Absent or Not Voting. 
Messrs. Archer Messrs. Judd 

Axtell Alexander H. Jones 

A\er Julian 

Bailey Latlin 

Baiuum Lash 

Beaman Loughridge 

Beatty Lynch 

Bennett McCrary 

Blair McKee 

Booker Milnes 

Bowen Morphis 

Boyd Samuel P. Morrill 

Buck Morrissey 

Buckley Mungen 

Burdett Newsham 

Burr Perce 

Benjamin F. Butler Peters 

Cessna Piatt 

William T. Clark Poland 

Clevelaud Fomeroy 

Clintou L. Cobb Porter 

Cook Randall 

Cowles Ridgway 

Darrall Rogeis 

Davis Sin ford 

Dockery Lionel A. Sheldon 

Dox Porter Sheldon 

Dyer Sherrod 

Ela Shober 

Fai nsworth John A Smith 

Fisher Joseph S. Smith 

Fox W C. Smith 

Garfield Starkwether 

Gibson Stevenson 

Haldeman Stokes 

• Hale Stone 

Haij.bleton Strader 

Hamill Swann 

Hrtmilton Sweeney 

Hawkins Taffe 

H^wley Taylor 

Hay Van Wyck 

Hays Voorhees 

Hedin ^^^^ "Wlieeler 

Hoge Wliituiore 

Holnian Jotn T. Wilson 

Hotclikiss Winans and 

IngersoU 'Witcher— 97. 

Je>'okes 

All voting in the affirmative are Repub- 
lic ns, and all voting in the negative are 
b»,..ir>fii-^f,fi, Hxcnpt Mr. Hin 'ham. 



LIBRARY OF CONGRESS 

lllllllllilli 



013 701 759 3 ^ 



